(1) An appeal on points of law (Rechtsbeschwerde) may be filed with the Federal Court of Justice from the orders of the Boards of Appeal at the Federal Patent Court ruling on an appeal under section 73 or on the maintenance or revocation of a patent under section 61 (2) if the Board of Appeal allowed the appeal on points of law in its order.
(2) An appeal on points of law is to be allowed if
1. a decision needs to be taken on a legal matter of fundamental importance, or
2. the development of the law or ensuring the consistency of court rulings requires a decision by the Federal Court of Justice.
(3) An appeal on points of law from the orders of the Boards of Appeal at the Federal Patent Court need not be allowed in the event of one of the following defects in the proceedings which is being noted:
1. if the court issuing the order did not sit in the composition required by law;
2. if a judge was involved in taking the decision who was excluded from exercising judicial office by operation of law or was successfully objected to if suspected of partiality;
3. if one of the parties was denied the right to be heard;
4. if one of the parties was not represented in the proceedings in accordance with the provisions of this Act, unless he or she explicitly or tacitly consented to the conduct of the proceedings;
5. if the order was issued on the basis of oral proceedings in which the provisions on the admission of the public to the proceedings were violated; or
6. if the decision was not reasoned.